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Icon faq FAQ

Find answers to frequently asked questions.

Question:
Do I need to submit a SSA-3369 Work History Report with an initial application?

The SSA-3369 Work History report is only necessary if/when DDS reaches step 4 of the Sequential Evaluation.  In this case, DDS will contact you to request it.

You can read more about the SSA-3369 here.

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Question:
If someone already receives SSI, is it possible that they might qualify for SSDI instead? Is it worth pursuing?

When an applicant files for SSI, they are automatically also considered for any SSDI benefits (or other associated benefits) for which they may be eligible at the time of application. If the applicant is not eligible at the time of application for SSDI, but is eligible for SSI, they may become eligible for SSDI in the future. This occurs one of two ways:

  1. If the beneficiary works and earns enough work quarters to qualify for SSDI based on their own earnings record, they could be moved to SSDI. The beneficiary can check their work quarter status by signing up for a “my Social Security” account.
  2. If the beneficiary became disabled before age 22 and was receiving SSI, they may be able to switch to SSDI based on a parent’s earnings record if the parent retires, becomes disabled, or dies.

If the beneficiary believes that he/she may be eligible based on the above situations, we encourage him/her to reach out to SSA to discuss their circumstances before filing the application. 

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Question:
Can a person establish a protective filing date online even if they are only applying for SSI and not SSDI? What if they have no work credits and can't apply for SSDI?

Absolutely!  Initiating the Online Disability Benefit Application sets the protective filing date for SSI as well as SSDI. Even without work credits, there are other ways an applicant may qualify for SSDI so we recommend applying for both programs. Further, completing the online application is an efficient way to submit medical and work information that is necessary to apply for SSI.

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Question:
Do veterans pay into Social Security?

Yes, members of the military do pay into the Social Security system and earn work credits during military service. SSA has a great publication about military service and work credits here: https://www.ssa.gov/pubs/EN-05-10017.pdf

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Question:
How can I access Social Security documents in Spanish?

The Social Security Administration publishes Spanish versions of all their forms. There is also a Spanish version of their website: https://www.ssa.gov/espanol.

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Question:
My client has not been completely honest with hospital staff because he "does not trust people." Therefore, his medical records do not show all of his illnesses. Should I send all of the records I have, or just the parts that actually show his illnesses?

You should definitely send all of the medical records. SSA has a rule called the “All Evidence Rule” which requires applicants (through their representative) to submit all medical information known, which includes knowledge of impairment and/or treatment sources. 

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Question:
Once a protective filing date is set with SSA how long do I have to submit the completed application and medical summary report?

Once you have set the Protective Filing Date (PFD), you have 60 days to submit the complete application & MSR.  Read Steps in the SSA Disability Application Process.

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Question:
I have a client who is interested in appling for SSDI.She is married and her husband makes over $40,000.Would she still qualify?

Yes, if she meets the medical criteria for disability and has sufficient work credits to be insured through SSDI, should could be eligible for these benefits. While SSI takes spousal resources into account in eligibility criteria, SSDI does not. She should be able to check her history of work credits by signing up for a “My Social Security” account, here: https://www.ssa.gov/myaccount/.   

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Question:
Can minors/children receive SSI, and is the money given to the legal guardian?
Yes, minors (children under age 18) can receive SSI if they meet the childhood criteria for disability. Whether or not the legal guardian receives the money depends on a few factors. Individuals under age 18 are generally presumed to be incapable of handling their own funds and would need a representative payee, so a legal guardian or other payee service would manage the funds. Children under age 15 are required to have a payee.
 
In some instances a child aged 15-17 may be determined as capable of handling his/her own funds if one of the following conditions exists:
 
  • The child is entitled to disability benefits based on his/her own earnings.
  • The child is on active duty in the armed forces
  • The child is living alone and self-supporting
  • The child is a parent and filed for his/her own or his/her child’s benefits,  and has experience handling finances
  • The child is within 7 months of attaining age 18.
  • The child has demonstrated the ability to handle finances, and no qualified payee is available.
 
In addition, if a child is emancipated under state law, he/she is not required to have a payee, unless there are indications to the contrary. More information about determining capability in children can be found here
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Question:
Can a “T” Visa holder who is a nonresident and without a work history in the US apply for SSI benefits? She has severe medical needs.

Yes, she is “potentially” eligible because she is in possession of a non-immigrant T visa. See SSA guidance below which requires “proper certification” of status by the US Dept. of Health and Human Services. You will want to contact the individual’s local SSA field office and bring proper documentation.  See link below for documentation required to prove identity and status.

https://www.ssa.gov/ssi/spotlights/spot-non-citizens.htm

For purposes of SSI eligibility, individuals are not considered qualified aliens if they were admitted to the U.S. under the provisions of the Victims of Trafficking and Violence Protection Act of 2000.  Their eligibility is subject to the proper certification in such status by the U.S. Department of Health and Human Services and possession of a valid "T" non-immigrant visa.  Once the alien obtains proper certification and is in possession of a "T" non-immigrant visa, he or she becomes potentially eligible for SSI.

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